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Disallowance u/s. 36(1)(iii) unjustified as interest-free funds exceeds loan to subsidiary: ITAT Ahmedabad

September 18, 2024 390 Views 0 comment Print

ITAT Ahmedabad held that disallowance u/s. 36(1)(iii) of the Income Tax Act unjustified as interest-free funds exceeds loan to the subsidiary and loan was advanced for commercial expediency.

Agricultural nature of land at time of sale determinative regardless of buyer’s intended use: ITAT Ahmedabad

September 18, 2024 891 Views 0 comment Print

ITAT Ahmedabad held that the agricultural nature of the land at the time of sale is determinative, regardless of the buyer’s intended use. Thus, land sold was agricultural land and hence doesn’t attract capital gain.

Form 67 Filing Not Mandatory for FTC Claims: ITAT Delhi

September 18, 2024 1794 Views 0 comment Print

ITAT Delhi rules that filing Form 67 is not mandatory for Foreign Tax Credit (FTC) claims, and procedural violations shouldn’t deny the right to FTC.

Assessee Entitled to Foreign Tax Credit Despite Delay in Filing Form 67: ITAT Chandigarh

September 18, 2024 732 Views 0 comment Print

ITAT Chandigarh rules that the assessee cannot be denied Foreign Tax Credit (FTC) due to delay in filing Form No. 67.

Deduction u/s. 80P inadmissible as return filed after due date prescribed u/s. 139(1): ITAT Ahmedabad

September 17, 2024 621 Views 0 comment Print

ITAT Ahmedabad held that claim of deduction u/s 80P is admissible only when the claim of deduction u/s 80P is made in the return of income filed on or before the due date prescribed u/s 139(1). Thus, deduction u/s. 80P inadmissible when return is filed after due date prescribed u/s. 139(1).

Matter remaded as lower authorities failed to apply CBDT Instructions regarding cash deposits during demonetization

September 17, 2024 606 Views 0 comment Print

CBDT had issued instructions/notification for examining the specific cases regarding cash deposits during the demonetisation period. However, both the lower authorities had not done so and therefore, the matter was remanded for re-examination.

Cash deposit during demonetization period to be examined as per CBDT instructions: ITAT Bangalore

September 17, 2024 930 Views 0 comment Print

AO noted that the assessee was unable to satisfied the ingredients of section 68 of the Income Tax Act. Thus, AO applied section 68 and added into total income and applied tax rate as per section 115BBE of the Act. Accordingly assessed income was determined at Rs.75,49,764.

Actual written off of bad and doubtful debts not hit by clause (i) of explanation to section 115JB

September 17, 2024 480 Views 0 comment Print

ITAT Bangalore held that the addition of provision of bad and doubtful debts as per P&L account to determine the book profits u/s. 115JB of the act is not warranted as actual write off would not be hit by clause (i) of explanation to section 115JB.

Disallowance u/s. 14A unwarranted as interest-free funds exceeds investment: ITAT Ahmedabad

September 17, 2024 414 Views 0 comment Print

ITAT Ahmedabad held that no disallowance under Section 14A of the Income Tax Act warranted as interest-free funds exceed the investments made, and there is no evidence to suggest that borrowed funds were used for such investments.

ITAT Delhi Restores Appeal as CIT(A) failed to address Adjournments requests

September 17, 2024 366 Views 0 comment Print

ITAT Delhi restored Fiserv India’s appeal, citing CIT(A)’s failure to address adjournment requests. The case will be reconsidered for a fair hearing and review.

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